[HISTORY: Adopted by the Common Council of the City of Rice Lake 9-27-2005
by Ord. No. 05-13.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 177.
Sales — See Ch. 206.
Transient merchants — See Ch. 231.
Pawnbrokers — See Ch. 174
[1]
Editor's Note: This ordinance repealed Ch. 173, Pawnbrokers and
Junk Dealers, adopted as Title 7, Chapter 12, of the Code of Ordinances.
A.
License. No person shall engage in business as a junk
dealer or secondhand dealer in the city without a license therefor.
B.
Exception. No license shall be required for the storage
of wrecked motor vehicles stored within service garages and filling stations
or on any service garage or filling station site, provided that only three
wrecked vehicles may be stored on said premises at any one time for a period
not exceeding 14 calendar days.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person whose chief or principal business or businesses is that
of regularly dealing in junk or castoff or secondhand articles or things.
The term shall not apply to any merchant, trader or dealer who may infrequently,
in isolated cases and not as a custom or practice and by way of special instance
on particular occasion, accept an article as a pawn or pledge or purchase,
trade, sell or deal in any junk or any used or secondhand article or thing.
This definition shall include dealers in junked motor vehicles or parts thereof.
A.
Application. Application for a junk dealer's license
shall be made in duplicate and filed with the City Clerk-Treasurer and shall
be accompanied by the license fee. Such application shall set forth the name
and address of the applicant and, in case of a firm, the names and residences
of the members of the firm and shall describe in detail any lot or parcel
upon which the business is to be conducted and the business operation.
B.
Fees. License fees for a junk dealer's license shall
be as set forth in the fee schedule adopted as part of the annual budget document.
C.
Inspection required for junk dealer's license. The
City Clerk-Treasurer shall report such application to the Inspection Department,
Chief of Police, Health Officer and Mayor, who shall inspect or cause to be
inspected such premises to determine whether it complies with all laws, ordinances,
rules and regulations. Said premises and all structures thereon shall be so
situated and constructed that the business of junk dealer may be carried on
in a sanitary manner, shall contain no fire hazards and shall be arranged
so that thorough inspection may be made at any time by the proper health,
fire, building and police authorities.
D.
Notice of application. Each application shall be published
in its entirety at least once in a local paper published in the city, and
the City Clerk-Treasurer shall have at least one notice.
E.
Referral to Plan Commission. The application for a junk
dealer's license shall first be submitted to the Plan Commission for
a preliminary hearing to determine the suitability of the site for the business
proposed thereon. The Plan Commission may recommend conditions for granting
the license.
F.
Referral to Common Council. The application for a junk
dealer's license, together with the recommendation of the Plan Commission,
shall be referred to the Common Council, which may grant, grant with conditions
or deny the license. Opportunity shall be given by the Common Council to any
person to be heard for or against the granting of such license. Upon approval
of the application by the Common Council, the City Clerk-Treasurer shall issue
to the applicant such license upon payment of the license fee and the costs
of such publication.
G.
Revocation. Upon complaint being made, in writing, by
any three residents or any official of the city to the Common Council that
any licensee hereunder has violated any of the provisions of this chapter,
the Common Council shall summon such licensee to appear before it at the time
specified in the summons, which shall be not less than three days after the
date of the service thereof, to show cause why his license shall not be revoked
or suspended. The Common Council shall thereupon proceed to hear the matter
and, if it finds that the allegations of said complaint are true, may revoke
or suspend the license of such person. The provisions hereunder shall not
be effective unless the licensee has received notice from the Inspection Department
that a complaint has been filed with the Common Council as to the operation
of his premises and such licensee has been given a reasonable time to correct
the condition complained of or to otherwise satisfy such complaint.
A.
A junk dealer doing business in the city shall maintain
a written record containing the following information:
(1)
Record of all purchases made by the junk dealer.
(2)
The date of the purchase.
(3)
The name or names and addresses of the person making
the sale to the junk dealer.
(4)
A detailed description of the materials purchased on
each purchase by the junk dealer, particularly showing the kind of material
purchased, whether brass, copper, steel, iron or tin.
B.
A copy of such record shall be furnished by the junk
dealer once each week on Monday to the Chief of Police, who shall record and
preserve the records.
A.
Premises to be enclosed. Each of the premises upon which
the business of junk dealer is to be carried on shall be enclosed by a proper
fence or other structure not less than seven feet in height, constructed so
that no dust or other material may pass through. Said enclosure shall be maintained
in good condition at all times. No article shall be piled so as to protrude
above said enclosure.
B.
Location of premises. No premises shall be used for carrying
on the business of junk dealing when any buildings, except those owned or
occupied by the applicant, situated within a distance of 300 feet are used
solely for residence purposes. No premises shall be used for carrying on the
business of junk dealing which is within 300 feet of a federal highway.
A.
State law adopted. Section 175.25 of the Wisconsin Statutes,
exclusive of the penalty imposed for violation of the section, is adopted
by reference as a part of this section. No license shall be granted to any
applicant for the storage of more than two junked cars, and each application
for such license shall indicate the motor identification number of any car
under the license for identification.
B.
The license fee shall be as set forth in the fee schedule
adopted as part of the annual budget document.
The statutory provisions of W.S.A. s. 134.71, describing and defining
regulations with respect to pawnbrokers and secondhand article and jewelry
dealers, as defined in W.S.A. s 134.71, are hereby adopted and by reference
made a part of this chapter as if fully set forth herein. Any act required
to be performed or prohibited by any regulation incorporated herein by reference
is required or prohibited by this chapter. Any future amendments, revisions
or modifications of the statutory regulations as contained in W.S.A. s. 134.71
are intended to be made a part of this chapter as such statute is from time
to time amended, repealed or modified by the Wisconsin Legislature.
